Kinyov, A.Y. Modern problems of administrative legal protection from unfair competition

Abstract: The article includes analysis of the forms and key elements of fighting unfair competition. Evaluation of problems in the sphere of administrative legal protection from the unfair competition is of scientific interest, since the unfair competition is one of the popular types of violations of the anti-monopoly legislation, among such other types as monopoly activities and anti-competition actions of the public government bodies. Based on his analysis the author makes the following conclusions: that the administrative legal protection from unfair competition is a systemically structured formation, which includes normative and law-enforcement elements; the normative element can be characterized by the combination of material and procedural legal norms and the norms, which regulate the functions of the anti-monopoly bodies; the specific nature of the law-enforcement element includes the combination of the administrative and judicial measures against unfair competition. The widespread application of the administrative forms of fighting against unfair competition in Russia is unlike the situation in most foreign states, where the judicial forms of such measures prevail. It is due to lack of efficiency of judiciary in Russia and to the existing practice of the anti-monopoly bodies in the sphere of unfair competition, including advertisement. In the future it seems reasonable to use more of judicial and civil law means in order to fight unfair competition.

Keywords: